銀行法
MAREVA INJUNCTION – FREEZING OF BANK ACCOUNT BEFORE JUDGMENT
How can I freeze a bank account? – Mareva Injunction.
17 9 月 ,2021
Yew Huoi, How & Associates | Leading Malaysia Law Firm
法律资讯
法律资讯
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海事法
SHIPPING LAW, INTERNATIONAL TRADE CARRIAGE OF GOODS BY SEA
The Hague-Visby Rules were recently on 15.7.2021 incorporated to replace the Hague Rules used in Malaysia. However, not all the provisions in Hague-Visby Rules apply. The following table will set out the relevant changes made in the amended COGSA.
17 9 月 ,2021
海事法
ADMIRALTY – SHIP ARREST – JUDICIAL SALE PENDENTE LITE – WASTING ASSET
When will an arrested vessel become a wasting asset? An analysis of the condition on MV Yih Shen, one of the first few vessels sold by the court in a judicial sale pendente lite proceeding.
17 9 月 ,2021
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Recent Legal Updates
TRADEMARK – BUSINESS SABOTAGE AND TRADEMARK MISUSE
1 8 月 ,2025
Businesses must be vigilant in protecting their contractual rights, brand identity, and operational control. In this case, unauthorized control over online booking platforms, misleading alterations to the hotel’s digital presence, and continued use of trademarks post-termination led to significant legal consequences. This ruling highlights the importance of clear agreements, strict compliance with contractual obligations, and proactive enforcement of intellectual property rights.
NAVIGATION AND SHIPPING LAW – COLLISION REGULATIONS – COLLISION AT SEA – A WAKE-UP CALL FOR ADHERING TO NAVIGATION RULES
31 7 月 ,2025
The collision between the FMG Sydney and MSC Apollo highlights the critical importance of adhering to established navigation rules. Deviations, delayed actions, and reliance on radio communications instead of clear, early maneuvers can lead to disastrous outcomes. This case serves as a stark reminder for mariners: follow the rules, act decisively, and prioritize safety above assumptions.
SHIPPING AND ADMIRALTY IN REM – A SINKING ASSET – COURT ORDERS SALE OF ARRESTED VESSEL TO PRESERVE CLAIM SECURITY
31 7 月 ,2025
In a landmark admiralty decision, the High Court ordered the pendente lite sale of the arrested vessel Shi Pu 1, emphasizing the principle of preserving claim security over the defendant’s financial incapacity. The court ruled that the vessel, deemed a “wasting asset,” could not remain under arrest indefinitely without proper maintenance or security. This case reinforces the necessity for shipowners to manage arrested assets proactively to prevent significant financial and legal repercussions.
EMPLOYMENT LAW – IS DIRECTOR A DIRECTOR OR EMPLOYEE? UNPACKING DUAL ROLES IN EMPLOYMENT LAW
31 7 月 ,2025
The Court of Appeal clarified the dual roles of directors as both shareholders and employees, affirming that executive directors can qualify as “workmen” under the Industrial Relations Act 1967. The decision emphasizes that removal as a director does not equate to lawful dismissal as an employee unless due process is followed. This case highlights the importance of distinguishing shareholder rights from employment protections, ensuring companies navigate such disputes with clarity and fairness.
LEGAL UPDATES – INTERNATIONAL TRADE – LEGALITY OF THE 24% U.S. TARIFF ON MALAYSIAN EXPORTS UNDER INTERNATIONAL TRADE LAW
3 4 月 ,2025
1. Background: In 3.4.2025, the United States imposed a sweeping 24% ad valorem tariff on virtually all Malaysian exports to
REGULATIONS – GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT 1947 ) – ARTICLE I
3 4 月 ,2025
This legal update explores key provisions of the General Agreement on Tariffs and Trade (GATT 1947), focusing on Article I (Most-Favoured-Nation Treatment), Article II (Schedules of Concessions), Article XX (General Exceptions), and Article XXI (Security Exceptions). Article I mandates that any trade advantage granted by one contracting party to another must be extended unconditionally to all other parties. Article II ensures that imported goods from contracting parties receive treatment no less favourable than that outlined in agreed schedules, while also regulating permissible taxes and charges. Articles XX and XXI provide exceptions for measures necessary to protect public morals, health, security interests, and compliance with domestic laws. The provisions reflect the foundational principles of non-discrimination, transparency, and fair trade, while allowing for limited, well-defined exceptions. This summary is intended to provide a concise reference for businesses and legal practitioners involved in international trade law.
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